AN ACT relating to paternity.

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary to promulgate administrative regulations necessary to implement programs mandated by federal law, or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for the proper administration of the cabinet and its programs. KRS 205.795 authorizes the secretary to promulgate administrative regulations consistent with the purpose and intent of KRS 205.710 to 205.800. This administrative regulation establishes the requirements for the establishment of paternity for the Child Support Enforcement Program.

Section 1. Requirement for Paternity Establishment. The cabinet shall bring action, as specified in KRS 406.021(1) and (3) if: (1) The child is born out of wedlock; and (2) An assignment of rights to the cabinet is in effect or an individual not receiving public assistance applies for child support services including paternity establishment.

(a) A public assistance case referral; or
(b) A nonpublic assistance application, in accordance with KRS 205.721.

(2) The cabinet shall open a case pending determination of good cause.
(a) If good cause for failure to cooperate is determined, the child support case shall be closed.
(b) Good cause shall be established in accordance with the requirements of 921 KAR 2:006, Section 18(4) and (5).

(3) In a case referred to the cabinet in which paternity has not yet been established, the cabinet shall, within ninety (90) days of locating the alleged father or custodial parent:
(a) Obtain a voluntary acknowledgment of paternity as specified by KRS 213.036(5) and 213.046(3), (9);
(b) File for establishment of paternity;
(c) Complete service of process to establish paternity; or
(d) Document unsuccessful attempts to serve process. [More]